Advocates:
['SHOWKAT H NAQASHBANDI', '', 'M A WANI SR AAG', 'ASIFA PADROO AAG', 'M AYOUB BHAT', '', 'MOHAMMAD AYOUB BHAT']

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

…

CRAA no.08/2015

Reserved on: 23.02.2021

Pronounced on: 17.03.2021

State of J&K and others

……. Appellant(s)

Through: Mr Mir Suhail, AAG

Versus

Manzoor Ahmad Dar and others

………Respondent(s)

Through: Mr M. Ayoub Bhat, Advocate

with Ms Mehjabeen, Advocate

CORAM:

HON’BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

Koul, J:

1. This Appeal is directed against judgement and order dated 30^th August

2014, passed by the Principal Sessions Judge, Pulwama, (for short

“Trial Court”) on a charge sheet presented by police station Pulwama

in connection with case FIR no.115 of 1998 under Section 447, 148,

452, 427, 354, 336, 323, 302, 201 RPC.

2. The case set up by the prosecution is that on 8^th April 1988 at 11:30

AM, complainant, namely, Ramzan Dar S/o Jammal Dar R/o Katibugh,

in an injured condition, accompanied by five persons, made a written

complaint before Station House Officer, police station Pulwama,

alleging therein that a trivial scuffle took place on a pigeon between

two kids, one from complainant side and another from accused party.

On the basis of said trivial scuffle between two kids, accused persons,

with common intention, equipped with sticks entered into their

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CRAA no.08/2015

compound by hurling abuses on them. Complainant and his family

members objected them but accused persons attacked complainant and

his family members and beat them ruthlessly. The accused persons also

pelted stones on the house of complainant damaging windows and

window panes of the house. The accused persons also barged into the

residential house of complainant and caught hold of complainant and

his family members inside their residential house and treat them

severely, where complainant and his family members got injured. The

women folk was also beaten ruthlessly and their modesty was outraged.

3. Upon receipt of complaint, police station Pulwama lodged FIR

no.115/1998 for offences punishable under Sections 148, 452, 336, 427,

354 RPC. Investigation was undertaken. Investigating agency is said to

have gone on spot and prepared site plan of the place of occurrence.

Complainant was examined by doctor and subsequently referred to

SKIMS, Soura, Srinagar, for consultation of surgeon specialist. Injured

persons were also taken to District Hospital Pulwama. The condition of

injured worsened in SKIMS and on 9^th April 1988 at 7:30 PM he was

breathless and was shifted to ICCU. On 11^th April 1988 at 8:00 AM,

complainant died because of cardiac arrest. Death certificate was issued

by SKIMS and postmortem of dead body was conducted by Block

Medical Officer, Pulwama and thereafter body was handed over to

brother of deceased-complainant. Supplementary statements of

witnesses were recorded by Investigating Agency on 11^th and 15^th April

1988. Section 302 RPC during investigation was added. The police

concluded that on the pretext of scuffle between the kids over a pigeon

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CRAA no.08/2015

in fact the accused persons, with criminal intention, took revenge from

complainant and attacked him and his family members, getting them

injured and complainant succumbed to injuries. Eleven persons were

found involved in this case, who were arrested. The investigation

culminated in presentation of charge sheet against accused persons for

commission of offences mentioned therein. Out of eleven accused

persons, one accused was found minor, below the age of 16 years and

therefore supplementary charge sheet was presented before Chief

Judicial Magistrate, Shopian under Children Act, who was acquitted

vide judgement dated 8^th July 2002 by Chief Judicial Magistrate,

Shopian.

4. The charge was framed by Trial Court, to which accused persons

pleaded not guilty and, accordingly, prosecution was asked to lead

evidence. 19 witnesses were cited in the calendar of Challan for

establishing charg